Terms of Service

Last updated: 15th March 2026

Acceptance of Terms

By accessing our website, booking our services, or visiting our wellness studio, you acknowledge that you have read, understood, and agree to be bound by these terms of service and our privacy policy. If you do not agree with these terms, please do not use our services.

These terms constitute a legally binding agreement between you and moderatium GmbH (Registration Number: 73928461), a company registered in Austria with its principal place of business at Kärntner Straße 41, 9097 Klagenfurt, Carinthia, Austria.

Service Description

moderatium provides wellness and fitness services including but not limited to:

• Personal training sessions
• Wellness therapy treatments
• Nutritional guidance and counselling
• Group fitness classes
• Wellness workshops and educational programmes
• Use of fitness facilities and equipment

All services are provided subject to availability and may be modified or discontinued at our discretion with reasonable notice to existing clients.

User Obligations

Health and Safety Requirements

You agree to:

• Provide accurate and complete health information during your initial consultation and notify us of any changes to your health status
• Follow all safety instructions provided by our staff
• Use equipment properly and report any defects or safety concerns immediately
• Inform us of any injuries, medical conditions, or medications that may affect your participation in our programmes
• Obtain medical clearance before participating in our services if you have any health concerns

Facility Use and Conduct

When using our facilities, you must:

• Treat all staff, other clients, and visitors with respect and courtesy
• Maintain appropriate hygiene standards and wear suitable workout attire
• Not engage in any behaviour that may be disruptive, offensive, or dangerous
• Respect the privacy of other clients and refrain from photography or recording without consent
• Follow all posted rules and instructions from moderatium staff
• Not bring unauthorised guests or allow others to use your membership

Payment Obligations

You agree to:

• Pay all fees and charges in accordance with our published rates
• Provide accurate payment information and maintain current billing details
• Pay for services in advance unless alternative arrangements have been agreed in writing
• Notify us immediately of any disputed charges

Booking and Cancellation Policy

Appointment Booking

• All appointments must be booked in advance through our approved booking systems
• We reserve the right to confirm or reschedule appointments based on availability
• Appointments are personal to you and cannot be transferred to other individuals

Cancellation and Rescheduling

• Cancellations must be made at least 24 hours before your scheduled appointment
• Late cancellations (less than 24 hours) may result in a cancellation fee equivalent to 50% of the session cost
• No-shows will be charged the full session fee
• Emergency cancellations due to illness or unforeseen circumstances will be considered on a case-by-case basis
• We reserve the right to cancel or reschedule appointments due to staff illness, facility maintenance, or other operational requirements

Intellectual Property

All content on our website and in our programmes, including but not limited to text, graphics, logos, images, videos, workout plans, and educational materials, is the intellectual property of moderatium or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Reproduce, distribute, or create derivative works from our content without written permission
• Use our trademarks, logos, or brand names without authorisation
• Record, photograph, or otherwise capture our training sessions or programmes for commercial purposes
• Share proprietary workout plans, nutritional programmes, or other materials with third parties

Any feedback, suggestions, or ideas you provide to moderatium may be used by us without compensation or attribution.

Health and Medical Disclaimers

Important health and safety information:

• Our services are not a substitute for professional medical advice, diagnosis, or treatment
• You should consult with a healthcare provider before beginning any fitness programme
• We are not responsible for any health issues that may arise from your participation in our programmes
• You participate in all activities at your own risk and assume full responsibility for your health and safety
• Our nutritional guidance is for educational purposes and is not medical or therapeutic advice

Limitation of Liability

To the maximum extent permitted by law, moderatium's liability is limited as follows:

Exclusions

We exclude liability for:

• Any injury, illness, or adverse health effects resulting from your participation in our programmes
• Loss or damage to personal property brought to our facilities
• Indirect, consequential, or punitive damages
• Loss of profits, revenue, or business opportunities
• Any damages arising from your failure to follow instructions or safety guidelines

Limitations

Where liability cannot be excluded by law, our total liability to you for any claim arising from these terms or our services shall not exceed the amount you have paid to moderatium in the 12 months preceding the claim.

Insurance

We maintain appropriate professional indemnity and public liability insurance. However, this does not affect the limitations and exclusions set out in these terms.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which forms part of these terms. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

Key points regarding your data:

• We collect personal and health information necessary to provide our services safely and effectively
• Your data is processed in accordance with GDPR and Austrian data protection laws
• We do not sell your personal information to third parties
• You have rights regarding your personal data, including access, correction, and deletion
• For full details, please review our Privacy Policy

Governing Law

These terms of service are governed by and construed in accordance with the laws of Austria. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the Austrian courts.

Specifically:

• Austrian consumer protection laws apply where you are acting as a consumer
• EU consumer rights directives are incorporated where applicable
• Disputes will be resolved through Austrian legal procedures
• Any legal proceedings must be brought in the competent courts of Klagenfurt, Austria

Dispute Resolution

We are committed to resolving any disputes amicably:

• Please contact us first to discuss any concerns or complaints
• We will investigate and respond to complaints within 30 days
• If informal resolution is not possible, mediation may be pursued before litigation
• Austrian consumer dispute resolution services are available for eligible disputes

Termination

Termination by You

You may terminate your relationship with moderatium at any time by:

• Providing written notice of termination
• Completing any outstanding appointments or services
• Settling any outstanding payments

Termination by moderatium

We may terminate or suspend your access to our services if:

• You breach these terms of service
• You engage in conduct that is harmful to our staff, other clients, or our business
• You fail to pay fees or charges when due
• You provide false or misleading health information that could compromise safety
• Continuation of services would be unsafe or inappropriate

Effect of Termination

Upon termination:

• Your right to use our services and facilities ceases immediately
• Outstanding fees become immediately payable
• We may retain your personal data as required by law or for legitimate business purposes
• Provisions of these terms that should survive termination will continue to apply

Force Majeure

moderatium shall not be liable for any failure or delay in performance of our obligations under these terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or extreme weather conditions
• Government actions, laws, or regulations
• Public health emergencies or pandemics
• Labour strikes or industrial disputes
• Utility failures or infrastructure problems
• Other circumstances beyond our reasonable control

Modifications to Terms

We reserve the right to modify these terms of service at any time. When we make changes:

• We will update the "Last updated" date at the top of this page
• Significant changes will be communicated to existing clients via email or website notice
• Continued use of our services after changes constitutes acceptance of the new terms
• If you do not agree to modified terms, you may terminate your relationship with moderatium

Severability

If any provision of these terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

Entire Agreement

These terms of service, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and moderatium regarding the use of our services. These terms supersede all prior agreements, understandings, or communications regarding the subject matter.

Contact Information

If you have any questions about these terms of service, please contact us: